
NEAL KNOX REPORT
                    HOOSIER GUN RIGHTS UPHELD
                          By NEAL KNOX
     WASHINGTON, D.C. (Nov. 16) --  The Indiana Supreme Court has
held former Gary, Ind., Mayor Richard Hatcher and former Police
Chief Virgil Motley personally liable for refusing to issue or
renew handgun carry permits in 1980.

     In a stunning 55-page decision, the state's Supreme Court,
sole arbiter of the Indiana Constitution, declared that Hoosiers
have both a "liberty right" and a "property right" to be licensed
to carry a firearm.

    The former officials, who made national news by declaring
that they would allow no private citizens to carry firearms, and
refused to provide or process license applications, will have to
pay an estimated $50,000 in punitive damages and interest, plus
legal fees.

    The trial court had ruled that they and the city of Gary
would have to pay about $600,000 to almost 2,000 carry permit
holders. The Indiana Court of Appeals reversed that decision, and
it had been on appeal for several years.

     However, the Supreme Court -- which is composed of both
"Liberals" and "Conservatives" -- agreed with the trial court
(with only one judge partially dissenting), and declared that the
evidence "adequately demonstrates not only arbitrary and wrongful
government action, but an abuse of power as well."  

     But the high court ruled that the only ones who suffered
damages were the approximately 125 whose carry permits expired
during the month that no permits were renewed, before a judicial
restraining order required that the applications be processed.

     Those who were denied will receive about $200 each in
"actual damages" and interest from the city, and divide about
$50,000 in total punitive damages and interest from the former
mayor and police chief, according to Michael Katz, one of the
attorneys in the case.

     The ruling will unquestionably make it far easier for
Hoosiers to obtain carry permits, and is likely to have a
chilling effect upon city and officials in other states.  While
$25,000 might not be much to a city, that's a big chunk of money
to a retired cop.

      Although not law in other states, the ruling will influence
the way gun owners are treated across the nation.  Several states
have Constitutions with provisions which read similar to the
Indiana's, which says "the people shall have a right to bear
arms, for the defense of themselves and the state."

      The court declared, "We hold that there is a state-created
right to bear arms which includes the right to carry a handgun
with a license, provided that all of the requirements of the
Indiana Firearms Act are met."

     It is most unlikely that the Indiana Supreme Court would
grant a re-hearing on the main findings in the case, but the
punitive damages for violations of civil liberties could be
appealed to the Supreme Court.  Experts doubt that any appeal
would be successful, so this ruling should stand.

     It is truly delightful to see a boulder we helped kick off a
hill ten years ago have such a smashing impact.  NRA-ILA, during
my watch, contributed several thousand dollars to get the case
started.  Years later, Steve Halbrook wrote an NRA-funded "friend
of the court" brief for the final appeal.  

      The ripples from this case will be seen for years.
                               ---
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